Farcical as it is, this kind of knee-jerk opposition to an unknown nominee is symbolic of the broader attitude of those on the left. If President Trump somehow found a way to resurrect John Marshall from the dead and nominate him, one wonders if even that would be enough for Senate Democrats.
Unfortunately for them, however, Judge Brett Kavanaugh is tailor-made to expose their partisan theatrics. Judge Kavanaugh is one of the most qualified people President Trump could have nominated. He currently sits on the U.S. Court of Appeals for the D.C. Circuit, unofficially dubbed “the second highest court in the land” for the magnitude of consequential cases that come before it. (Note that the “Highest Court in the Land” is the informal name of the basketball court on the fifth floor of the Supreme Court building.) Many of his more than 300 opinions have been influential at the Supreme Court. A former Anthony Kennedy clerk with impeccable credentials, he is one of the most respected jurists in the nation.
Judge Kavanaugh has written in glowing terms of the late, great Justice Antonin Scalia’s judicial philosophy: “The judge’s job is to interpret the law, not make the law or make policy. So read the words of the statute as written. Read the text of the Constitution as written, mindful of history and tradition. Don’t make up new rights that are not in the text of the Constitution. Don’t shy away from enforcing constitutional rights that are in the text of the Constitution.”
For those who have rightly been frustrated by the court’s tendency over the years to legislate from the bench and conjure fanciful new “rights” out of thin air, this is music to our ears. And his record backs up his rhetoric.